Malibu Media, LLC v. Doe

Malibu Media, LLC v. Doe

Plaintiff:	Malibu Media, LLC
Defendant:	John Doe
Case Number:	1:2015cv04743
Filed:	June 17, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	John F. Keenan
Nature of Suit:	Copyrights
Cause of Action:	17 U.S.C. § 101
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
August 18, 2015	Filing 14 OPINION & ORDER: For the reasons explained below, the motion is granted. Therefore, Plaintiff is ORDERED not to publicly file any of Defendant's identifying information and to file all documents containing Defendant's identifying informatio n under seal. With that in mind, IT IS FURTHER ORDERED Plaintiff may immediately serve a Rule 45 subpoena on third party Time Warner to obtain information to identify the Defendant's name and current and permanent address. Plaintiff is expressly not permitted to subpoena the ISP for the Defendant's email addresses or telephone numbers. IT IS FURTHER ORDERED THAT Plaintiff shall serve a copy of this Order along with the subpoena. IT IS FURTHER ORDERED THAT Time Warner will have 60 days from the date of service of the Rule 45 subpoena upon it to serve Defendant John Doe with a copy of the subpoena and a copy of this Order. The ISP may serve Defendant John Doe using any reasonable means, including written notice sent to his or her la st known address, transmitted either by first class mail or via overnight service. IT IS FURTHER ORDERED THAT Defendant John Doe shall have 60 days from the date of service of the Rule 45 subpoena and this Order upon him or her to file any motions wi th this Court contesting the subpoena (including a motion to quash or modify the subpoena), as well as any request to litigate the subpoena anonymously. The ISP may not turn over the identifying information of Defendant John Doe to Plaintiff before t he expiration of this 60-day period. Additionally, if the Defendant or ISP files a motion to quash or modify the subpoena, or a request to litigate the subpoena anonymously, the ISP may not turn over any information to Plaintiff until the issues have been addressed and the Court issues an order instructing the ISP to resume turning over the requested discovery. IT IS FURTHER ORDERED THAT third party Time Warner shall preserve any subpoenaed information pending the resolution of any timely filed motion to quash. IT IS FURTHER ORDERED THAT third party Time Warner shall confer with Plaintiff and shall not assess any charge in advance of providing the information requested in the subpoena. If Time Warner receives a subpoena and elects to charge for the costs of production, it shall provide a billing summary and cost report to Plaintiff. IT IS FURTHER ORDERED THAT any information ultimately disclosed to Plaintiff in response to a Rule 45 subpoena may be used by Plaintiff solely for the purp ose of protecting Plaintiff's rights as set forth in its complaint. SO ORDERED.re: 8 MOTION to Serve Third Party Subpoena and Adjourn any Scheduled Initial Conference. filed by Malibu Media, LLC. (Signed by Judge John F. Keenan on 8/18/2015) (ama)

Date Filed

Document Text

August 18, 2015

Filing 14 OPINION & ORDER: For the reasons explained below, the motion is granted. Therefore, Plaintiff is ORDERED not to publicly file any of Defendant's identifying information and to file all documents containing Defendant's identifying informatio n under seal. With that in mind, IT IS FURTHER ORDERED Plaintiff may immediately serve a Rule 45 subpoena on third party Time Warner to obtain information to identify the Defendant's name and current and permanent address. Plaintiff is expressly not permitted to subpoena the ISP for the Defendant's email addresses or telephone numbers. IT IS FURTHER ORDERED THAT Plaintiff shall serve a copy of this Order along with the subpoena. IT IS FURTHER ORDERED THAT Time Warner will have 60 days from the date of service of the Rule 45 subpoena upon it to serve Defendant John Doe with a copy of the subpoena and a copy of this Order. The ISP may serve Defendant John Doe using any reasonable means, including written notice sent to his or her la st known address, transmitted either by first class mail or via overnight service. IT IS FURTHER ORDERED THAT Defendant John Doe shall have 60 days from the date of service of the Rule 45 subpoena and this Order upon him or her to file any motions wi th this Court contesting the subpoena (including a motion to quash or modify the subpoena), as well as any request to litigate the subpoena anonymously. The ISP may not turn over the identifying information of Defendant John Doe to Plaintiff before t he expiration of this 60-day period. Additionally, if the Defendant or ISP files a motion to quash or modify the subpoena, or a request to litigate the subpoena anonymously, the ISP may not turn over any information to Plaintiff until the issues have been addressed and the Court issues an order instructing the ISP to resume turning over the requested discovery. IT IS FURTHER ORDERED THAT third party Time Warner shall preserve any subpoenaed information pending the resolution of any timely filed motion to quash. IT IS FURTHER ORDERED THAT third party Time Warner shall confer with Plaintiff and shall not assess any charge in advance of providing the information requested in the subpoena. If Time Warner receives a subpoena and elects to charge for the costs of production, it shall provide a billing summary and cost report to Plaintiff. IT IS FURTHER ORDERED THAT any information ultimately disclosed to Plaintiff in response to a Rule 45 subpoena may be used by Plaintiff solely for the purp ose of protecting Plaintiff's rights as set forth in its complaint. SO ORDERED.re: 8 MOTION to Serve Third Party Subpoena and Adjourn any Scheduled Initial Conference. filed by Malibu Media, LLC. (Signed by Judge John F. Keenan on 8/18/2015) (ama)

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Plaintiff: Malibu Media, LLC
Represented By:	Jacqueline Marie James
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Defendant: John Doe
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